Commissions checklist
9 Ownership
- Who will own any maquettes or preliminary designs? Note: If the commissioner owns the preliminary designs or maquettes s/he will be free to exhibit them or sell them, but not to reproduce them, if the artist remains the copyright owner. Public art agencies are sometimes keen to have ownership of the preliminary designs for exhibition and promotional purposes.
- When will ownership of the work transfer to the commissioner? Note: In most cases ownership of the installed work will be transferred to the commissioner on the payment of the final installment of the fee. Transfer of ownership must be stated within the agreement otherwise ownership of the work will remain with the artist. Once an artist ceases to own the work the law says that s/he will have no control or say over the siting, maintenance or condition of the work, unless the parties have agreed otherwise. These matters must be covered specifically in the contract.
